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VISIT CALIFORNIA’S COLBY BROWN INSTAGRAM TAKEOVER
SWEEPSTAKES RULES
Win a print of Yosemite from Visit California’s Instagram. Here’s how to win:
FOLLOW @VISITCALIFORNIA ON INSTAGRAM. COMMENT WITH #YOSEMITE150SWEEPS ON FOUR DIFFERENT INSTAGRAM PHOTOS POSTED ON AUGUST 21, 2014. VISIT CALIFORNIA WILL COLLECT COMMENTS AS ENTRIES. The winner will be randomly selected and contacted by August 29, 2014.
This promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. FULL RULES BELOW
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN.
SWEEPSTAKES VOID WHERE PROHIBITED.
SPONSOR Visit California
Marketing Department
555 Capitol Mall, Suite 1100 Sacramento, CA 95814 The details of the prize and how to enter the Sweepstakes are contained in these Official Rules. ELIGIBILITY. The Visit California [COLBY BROWN INSTAGRAM TAKEOVER
SWEEPSTAKES] (the “Sweepstakes”) is only open to legal residents of the United States and the District of Columbia, who are of legal age of majority in the jurisdiction in which they reside (and at least 18 years old) at the time of entry. Void outside United States and District of Columbia and where prohibited or restricted by law, rule or regulation. Employees of Visit California (Sponsor) and its respective affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees' families (defined as parents, children, siblings, spouse, and life partners). Proof of residency and age may be required. The Sweepstakes is subject to all applicable federal, state, and local laws, rules and regulations.
TIMING. The Sweepstakes begins at 7:00AM Pacific Standard Time (“PDT”) on August 21, 2014 and ends at 11:59 PM on August 21, 2014 (“Promotion Period”). Entries received prior to or after the Promotion Period are disqualified.
To Enter by Mail: You may enter the Sweepstakes by hand-­‐printing your complete name, address, city, state and zip code, day & evening telephone number (including area code), date of birth and e-­‐mail address (optional) on a 3”x5” postcard and mailing it in an envelope with proper postage affixed to: Visit California COLBY BROWN INSTAGRAM TAKEOVER SWEEPSTAKES [Visit California, Attn.: Marketing Dept., 555 Capitol Mall, Suite 1100, Sacramento, CA 95814]. Sponsor may use e-­‐mail addresses provided via the Mail-­‐in entry method (as applicable) for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s provision of this information. Mail-­‐in entries must be postmarked by August 21,2014 and received by Sponsor by August 26, 2014 to be eligible. Mail-­‐in entries become the property of the Sponsor and will not be returned.
Sponsor, or its respective affiliates, subsidiaries, advertising or promotion agencies are not
responsible for lost, late, incomplete, garbled, illegible, or misdirected Sweepstakes entries,
or for any error, human, technical or otherwise, which may occur in the processing of
Sweepstakes entries. Proof of sending will not be deemed to be proof of receipt. All entries
become the exclusive property of Sponsor and will not be acknowledged or returned. Any
use of robotic, automatic, programmed or similar entry methods will void all such entries by
such methods. Limit one (1) entry per person. A total of four (4) entries per person across
four images are available.
This Sweepstakes is not sponsored, endorsed or administered by Instagram, nor is Instagram
associated with this Sweepstakes in any way. By entering this Sweepstakes, you understand
that you are providing information to the Sponsor and not to Instagram. By entering this
Sweepstake you completely release Instagram from any and all liability for losses or injuries
caused or claimed to be caused by participating in the Sweepstake. Any questions, comments
or complaints regarding this Sweepstake must be directed to the Sponsor and not to
Instagram. Instagram is a registered trademark of Instagram.
USE OF DATA. Sponsor will be collecting personal data about participants (including, without limitation, name, phone number, mailing address, gender, age e-­‐mail addresses) when they enter the Sweepstakes online. Sponsor is entitled to use personal data contained in all entry forms in accordance with the Sponsor’s privacy policy. By participating in the Sweepstakes, entrants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s Privacy Policy at www.visitcalifornia.com. Notwithstanding any contrary provision in the Sponsor’s privacy policies, entrants grant to the Sponsor, and the Sponsor reserves, the right to use any and all information related to the Sweepstakes, including information provided by entrants in connection with the Sweepstakes, for any purpose, unless prohibited by law. Entrants may be required to sign a release, which grants the Sponsor the right to use and publish their proper name online or in any other media in connection with the Sweepstakes. In order to accept a prize, entrants shall be required to sign a release that grants permission to the Sponsor to use his or her name, photograph, likeness, prize information and/or biographical information without future compensation unless prohibited by law. By entering, participants release and hold harmless the Sponsor, its respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damages of any kind arising from or in connection with the Sweepstakes, Sponsor’s website, https://www.facebook.com/VisitCalifornia, instagram.com/visitcalifornia or any prize won. AGREEMENT TO OFFICIAL RULES. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and Sponsor's Privacy Policy at [official link to the rules] and to be contacted by telephone and/or email. Odds of winning depend on the total number of eligible entries received. Limit one (1) prize per person, family and per household. SELECTION OF POTENTIAL WINNER. Four (4) total winners (“Winner”) will be selected at random on or about August 29, 2014 and Winner will be contacted on or about August 29, 2014. Winner(s) must be following @VisitCalifornia on Instagram. Winner(s) will be contacted through Instagram. Sponsor's decisions as to all matters related to administration of the Sweepstakes and selection of Winner are final. Potential Winner must comply with all terms and conditions set forth in these Official Rules, and winning and award of prize is contingent upon fulfilling all requirements. If a potential winner cannot be contacted within (1) one week after the first attempt to contact such potential winner, an alternate entrant will be selected in his or her place at random from all eligible entries received. PRIZES: Four (4) Prizes will be available to be awarded. One (1) Winner per prize will
receive the following prize package: 1 Instagram Print (the "Prize") (Approximate Retail
Value (“ARV”) of each Prize: $400). Winner is fully responsible for any and all applicable
federal, state, and local taxes (including income and withholding taxes). All costs and
expenses associated with Prize acceptance and use not specified herein as being provided are
the sole responsibility of Winner. All prize details are at Sponsor’s sole discretion. Winner’s
guest must be of legal age of majority in their jurisdictions of residence.
The Prize is non-transferable and non-assignable, with no cash redemptions or substitutions
except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute a
prize (or portion thereof) with one of comparable or greater value, at its sole and absolute
discretion.
RESTRICTIONS: The Winner is fully responsible for any and all applicable federal, state,
and local taxes (including income and withholding taxes). Except where otherwise expressly
noted in these Official Rules, the selection of all vendors, prizes, products and services is
subject to the Sponsor’s sole and absolute discretion. Prize (and/or any portion thereof) is
nontransferable and non-exchangeable. No substitutions or cash redemption of prize is
permitted except that Sponsor retains the right to substitute a prize of equal or greater retail
value (or at Sponsor's election, the cash value of the applicable prize). Additional restrictions
may apply.
All federal, state and local taxes related to the Prize are the sole responsibility of each Winner. All other expenses and costs not expressly listed above are Winner's sole responsibility. No refunds or credit for changes are allowed. No transfer of the prize is permitted. Winner must execute and return to Sponsor an Affidavit of Eligibility/Release of Liability, Publicity and W9 within five (5) days of receipt from Sponsor. Winner’s guest shall be required to execute and return an Affidavit of Eligibility/Release of Liability, Publicity within five (5) days as well. Noncompliance within this time period may result in disqualification, and an alternate winner may be selected if time allows. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.
GENERAL CONDITIONS. The Sweepstakes is governed by the laws of the United States and the State of California, excluding conflicts of laws principles. All federal, state and local laws and regulations apply. Sweepstakes void where prohibited. Sweepstakes may only be entered in or from United States and entries originating from any other jurisdiction are not eligible for entry. Except where prohibited by law, Winner and guest grant to Sponsor and its advertising agencies the right to use and publish Winner's and Winner’s guest’s photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote the Sweepstakes without additional compensation.
By entering, you release, indemnify and hold harmless Sponsor, any sponsor of the Sweepstakes, and each of their respective subsidiaries, affiliates, owners, members, shareholders, directors, officers, employees and agents (“Releases”) from any and all liability for any injuries, loss or damage of any kind, including death, arising from or in connection with the Sweepstakes or receipt or use and/or misuse of any prize.
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or any other factor impairs the integrity of the Sweepstakes as determined by Sponsor in its sole discretion. Online entries are deemed made by the authorized account holder of the e-­‐mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-­‐mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-­‐mail addresses for the domain associated with the submitted e-­‐mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-­‐mail address associated with the winning entry. Prize will only be awarded to the authorized account holder If, in Sponsor opinion, there is any suspected or actual evidence of electronic or non-­‐
electronic tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers or otherwise interferes with the entry process), and to cancel, terminate, modify or suspend the Sweepstakes, in whole or in part, at any time without notice. In the event of such cancellation, Sponsor reserves the right to award prize in a random drawing from all eligible entries received before the time of cancellation. Sponsor in no way promote illegal acts, and any and all entries which include or promote illegal acts will be disqualified.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alternation of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-­‐mail or entry received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Participants in the Sweepstakes hereby consent to the exclusive jurisdiction and venue of California courts (state and federal) in Los Angeles County for any causes or controversies arising out of the sweepstakes. Winner and any guest of Winner waive any and all objections to jurisdiction and venue in these courts. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. WINNER LIST. Sweepstakes results and copy of these Official Rules may be obtained by sending a self-­‐addressed, stamped envelope to: "Visit California [COLBY BROWN
INSTAGRAM TAKEOVER], Visit California, Attn.: Marketing Dept., 555 Capitol Mall, Suite 1100, Sacramento, CA 95814. Results will be available after _August 29, 2014__. Requests for results must be received by _August 29, 2014__.